Midland to vote on fireworks time limit

By Tony Lascari tlascari@mdn.net

Published
8:00 am EDT, Tuesday, September 10, 2013

The City of Midland could soon tighten its rules on the use of consumer-grade fireworks.

The city currently limits the use of consumers-grade fireworks — including bottle rockets and Roman candles — to the day before, day of and day after 10 recognized holidays, which are protected by state law. The state recently changed its rules, allowing local municipalities to further limit the use of fireworks from 1 a.m. to 8 a.m. on those 30 protected days.

The Midland City Council on Monday took its first look at adding that restriction in the city, and will make its final decision during its Sept. 30 meeting.

“We’re catching up with the state” Midland City Attorney Jim Branson told the council.

Branson said the state’s approval of fireworks on these days didn’t take into account school nights, special local events, scared animals and other situations that might be negatively impacted by fireworks.

Branson said that just because the state allows the use of the fireworks at certain times, doesn’t mean people can ignore city ordinances limiting noise, litter and disturbing the peace.

“Just because you have the right to use fireworks, doesn’t mean you can use them to the detriment of others,” he said.

There are places people can’t use consumer-grade fireworks, such as public property, school property and private property, without permission. Use on public property outside of the allowed holiday period has one person in trouble with the city after fireworks were ignited at the Tridge, Branson said.

Branson said the city tracked complaints related to fireworks from June 25 to July 21. Complaints generally were made around 10 p.m., when darkness sets in during the summer months. The city received just one complaint between 1 a.m. to 8 a.m. Still, Branson believes the time restriction is worth putting in place.

There were no comments from the public about the proposed change.

City Council member J. Dee Brooks noted that with the new restriction, the city would be doing everything it is allowed to do by the state to limit the use of consumer-grade fireworks. He said he heard concerns from people in his ward about the noise related to fireworks and dogs responding to them.

Brooks said he plans to support the change on Sept. 30.

“This is another tool to help us keep the peace for everyone,” he said. “I think it’s a good thing.”